Terms & Conditions

These general terms and conditions (these “Terms“) are the only terms which govern the provision of delivery services (the “Services“) by Good Foot Delivery and its couriers (the “Company”) for the party who orders the Services (the “Client” and together with the Company, the “Parties”) as described in the e-mail order confirmation (the “Order Confirmation“) sent by the Company to the Client (the “Order“).  

Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the provision of Services covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. The Company may, from time to time, change these Terms without the consent of the Client provided that such changes do not materially affect the nature or scope of the Services. 

• Scope of Work
  • Delivery Hours: Subject to holiday scheduling, hours of delivery will be 9:00 AM to 5:00 PM, Monday to Friday.
  • Delivery Time: The Company shall make commercially reasonable efforts, subject to delays described in these Terms and delays arising out of events that are outside of the Company’s control including public transportation service interruptions or delays, to deliver the Order by the guaranteed delivery time based on the level of service chosen by the Client as stated in the Order Confirmation (the “Delivery Time“).
  • Pick-up: The Company will pick up the Order from the address provided by the Client as stated in the Order Confirmation (the “Pick-up Point“).
  • Drop-off: Unless otherwise agreed in writing by the Parties, the Company will only deliver the Order to the address provided by the Client as stated in the Order Confirmation (the “Delivery Point“). It is the sole responsibility of the Client to ensure the Delivery Point stated in the Order Confirmation is correct. Deliveries to residential addresses may be left in a secure location, including an external mailbox, unless the Client has explicitly indicated that the Order may not be left unattended.
• Order Contents and Packaging
  • Order size: The Company will not accept for delivery any Order which exceeds eight (8) pounds in weight and one (1) ordinary banker’s box in size.
  • Packaging and Labelling: It is the sole responsibility of the Client to ensure the Order is appropriately packaged to ensure safe transport of the Order from the Pick-up Point to the Delivery Point. The Client shall ensure orders are easily identifiable by clearly labeling the Order with the recipient’s information or alternatively, attaching the Company waybill to the Order. The Company reserves the right to refuse an Order at the Pick-Up Point if, in the sole discretion of the Company, the Order is inappropriately packaged. 
  • Prohibited Items: The Company will not process any Order that contains prohibited items (“Prohibited Items“), including but not limited to, any controlled substance, weapons and firearms, animals, hazardous waste, explosives, valuables that exceed $500.00 in value, or any item that either of the Parties is prohibited by law from transporting. 
  • Inspection and Return of Order: The Company reserves the right to open and inspect any Order tendered to it for carriage, at any time, without notice. Governmental authorities may also open and inspect any Order, at any time, without notice. The Company reserves the right to refuse to provide the Services and to return the Order to the Client if, after the Order is picked-up for delivery, it is discovered that the Order contains any Prohibited Items. 
• Pricing
  • The cost of the Services will be set according to the Company’s pricing schedule in force as of the date that the Client places the Order (the “Prices“), subject to any increase for Additional Fees described in paragraph 3(b) below (the “Cost of Delivery“). 
  • Additional fees will be charged by the Company according to the Company’s pricing schedule in force as of the date the Client places the Order, which includes but is not limited to:
    • If a signature is required at drop off point; 
    • If an Order is required to be redelivered where the Company, through no fault of its own, was unable to complete delivery on the first attempt. This charge will be applied for each subsequent delivery attempt by the Company; and
    • If the courier is delayed at the Pick-up Point or Delivery point beyond five (5) minutes as a result of the actions of the Client or any of its agents (the “Additional Fees“).
  • All Prices and Additional Fees are subject to change by the Company without notice to the Client.
  • The Company’s Prices and Additional Fees do not include tax. The Client shall pay to the Company any and all applicable taxes imposed in respect of the Service provided so that the Company is fully reimbursed by the Client as required by law.
  • The Client will be charged the full Cost of Delivery provided the Order is completed within two (2) hours of the Delivery Time stated in the Order Confirmation. If the Order is delivered to the Delivery Point more than two (2) hours later than the Delivery Time for reasons within the Company’s control, the Client will only be charged 50% of the Cost of Delivery.
  • If the Client provides the Company with incorrect or incomplete information regarding the Pick-up Point, and the Company is unable to pick up the Order and carry out the Services, the Client will be charged 50% of the Cost of Delivery. 
  • If the Client provides the Company with incorrect or incomplete information regarding the Delivery Point and the Company is unable to deliver the Order, the Client will be charged the entire Cost of Delivery. 
  • If the Client cancels the Order after a courier has been dispatched by the Company to the Pick-up Point, the Client will be charged 50% of the Cost of Delivery. 
• Payment
  • The Client may make payment for all amounts owing for the provision of the Services by one of the following methods:
    • Credit Card: The Client must provide a credit card at the time the Order is placed that will be charged upon the completion of every order. No Services will be provided if the Company is unable to process a charge to the credit card provided by the Client. These Terms are sufficient evidence of the Client’s consent for the Company to charge the credit card provided by the Client. 
    • Invoicing: The Client will receive a monthly invoice that must be paid within 30 days of the date of the invoice (the “Payment Due Date“). Payment beyond 30 days will be subject to late fees and penalties as described in Article 3 of these Terms.
• Late Payments and Penalties
  • In the event that payment is not received by the Payment Due Date, it shall be considered overdue and the Company reserves the right to charge additional late fees in accordance with this Article 3. Overdue balances are subject to interest calculated at 1.5% per month (19.6% per annum), which shall accrue and be payable to the Company on all monies owed by the Client until payment is received in full. 
  • If full payment on an invoice is not received by the Company within 60 days of the Payment Due Date, the Company reserves the right to suspend the Client’s account until all outstanding invoices have been paid. Once the suspension has been lifted, the Client will no longer be eligible for monthly invoicing and must instead make all payments by credit card, unless the Company provides its written consent to do otherwise. 
  • In the event that full payment is not received within 90 days of the Payment Due Date, the Company may refer the outstanding invoice to a third-party collections agency.
• The Client’s Acts or Omissions
  • If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the Client or its agents, subcontractors, consultants or employees, the Company shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges or losses sustained or incurred by the Client, in each case, to the extent arising directly or indirectly from such prevention or delay. For greater certainty, the Company shall not be liable for any delay caused by the Client’s failure to provide the Company with adequate delivery instructions.
• Lost Orders
  • The contents of any Order picked up by the Company as recorded on the Order Confirmation upon dispatch from Pick-up Point is conclusive evidence of the contents delivered by the Company to the Delivery Point, unless the Client can provide conclusive evidence proving the contrary.
  • The Company shall not be liable for any non-delivery or loss of any of the contents of any Order (even if caused by the Company’s negligence) unless the Client gives written notice to the Company of the non-delivery of the Order within 2 business days  of the date for delivery stated in the Order Confirmation. 
  • Notwithstanding the foregoing, the Company shall not in any case be liable for any non-delivery or loss of any of the contents of any Order provided it is delivered by the Company to the Delivery Point as stated on the Order Confirmation. Confirmation of delivery provided by the Company to the Client shall be conclusive proof of delivery, unless the Client can provide conclusive evidence proving the contrary. For greater certainty, as stated in these Terms, the Company will only deliver the Order to the Delivery Point stated on the Order Confirmation and the Company will not be liable for any loss if the Delivery Point provided by the Client is incorrect. 
• Marketing
  • The Company will request permission from the Client to include promotional materials such as branded postcards, stickers, flyers, etc., with Orders.
  • The Company will request permission from the Client to use the Client’s name and logo in the Company’s marketing materials. Such material shall include a trademark attribution notice acknowledging the Client’s ownership of its trademarks.
• Liability
  • Delivery of the Order shall be made only to the Delivery Point, unless otherwise agreed to in writing by the Parties, at which time the risk of loss and damage shall pass to the Client.
  • Provided the Order is properly labelled and appropriately packaged in compliance with these Terms, the Company assumes responsibility for the Order while it is in the Company’s possession. Notwithstanding any other provision in these Terms, the Company shall not be responsible for any loss or damage related to an Order containing any Prohibited Items.
  • IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY THE CLIENT OR COULD HAVE BEEN REASONABLY FORESEEN BY THE CLIENT, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  • The limitation of liability set forth in Section 7(d) shall not apply to:
    • Liability resulting from the Company’s gross negligence or wilful misconduct; and
    • death or bodily injury resulting from the Company’s acts or omissions.
• Insurance: The Company shall maintain, at its sole expense, sufficient insurance coverage in respect of all possible losses that may result from any breach of the obligations under these Terms or any losses that may result in the course of the Services. 
• Governing Law: These Terms will be governed by and construed in all respects with the laws of the Province of Ontario and any dispute arising out of or in connection with these Terms shall be submitted to the jurisdiction of the Courts of the Province of Ontario.
• Compliance with Law
  • The Parties shall comply with all applicable laws, regulations and ordinances. The Parties shall maintain in effect all the licenses, permissions, authorizations, consents and permits necessary to carry out its obligations under these Terms. For greater certainty, the Client is responsible to know and comply with all applicable laws related to the tender of its Order.
  • The Client shall be liable and indemnify the Company for: (i) any action taken; or fines or penalties assessed by any governmental agency against the Company as a result of: (a) the Company’s possession of any Prohibited Items; or (b) any claim by the Company arising from the failure of the Client to comply with law or requirements of any governmental agency or with notification of an issue to the Client by such entity. The Company shall be permitted to take all action necessary to be compliant with applicable law related to such articles including, but not limited to, refusing acceptance of such Order tendered or requiring the Client to take immediate possession of such articles.
• Force Majure: If the performance of these Terms or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the Parties, the Party so affected shall, upon giving prompt notice to the other Parties, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of these Terms. The obligations and rights of the Party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the Parties’ respective obligations hereunder shall resume. 
• Confidentiality: The Company and its couriers may have access to confidential information, including in respect of the Client, its related entities and third parties (“Confidential Information“). The Company agrees that it will not, and will ensure that the couriers do not, except as required by law:
  • reveal, disclose or make known any Confidential Information to any person; or
  • use the Confidential Information for any purpose, other than for the purpose of providing the Services in connection with these Terms.
• Waiver: No waiver by the Company of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
• Choice of Forum: Any legal suit, action, litigation or proceeding of any kind whatsoever in any way arising out of, from or relating to these Terms, including all exhibits, schedules, attachments, and appendices attached to these Terms, and all contemplated transactions, shall be instituted in the courts of the Province of Ontario, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding. Service of process, summons, notice, or other document by mail to such Party’s address set forth in the Order Confirmation shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court. Each Party agrees that a final judgment in any such suit, action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. The Parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.
• Severability: If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
• Entire Agreement: The Order Confirmation and these Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of the Client’s general terms and conditions of delivery regardless of whether or when the Client has submitted its Order or such terms. Fulfilment of the Services does not constitute acceptance of any of the Client’s terms and conditions and does not serve to modify or amend these Terms.